PART I
PREAMBLE
1. Sources of military jurisdiction
The sources of military jurisdiction include the
Constitution and international law. International law
includes the law of war.
2. Exercise of military jurisdiction
(a) Kinds. Military jurisdiction is exercised by:
(1) A government in the exercise of that branch of
the municipal law which regulates its military
establishment. (Military law).
(2) A government temporarily governing the civil
population within its territory or a portion of its
territory through its military forces as necessity may
require. (Martial law).
(3) A belligerent occupying enemy territory.
(Military government).
(4) A government with respect to offenses against
the law of war.
(b) Agencies. The agencies through which military
jurisdiction is exercised include:
(1) Courts-martial for the trial of offenses against
military law and, in the case of general courts-martial,
of persons who by the law of war are subject to trial by
military tribunals. See Parts II, III, and IV of this
Manual for rules governing courts-martial.
(2) Military commissions and provost courts for the
trial of cases within their respective jurisdictions.
Subject to any applicable rule of international law or to
any regulations prescribed by the President or by other
competent authority, military commissions and
provost courts shall be guided by the appropriate
principles of law and rules of procedures and evidence
prescribed for courts-martial.
(3) Courts of inquiry for the investigation of any
matter referred to such court by competent authority.
See Article 135. The Secretary concerned may
prescribe regulations governing courts of inquiry.
(4) Nonjudicial punishment proceedings of a
commander under Article 15. See Part V of this
Manual.
3. Nature and purpose of military law
Military law consists of the statutes governing the
military establishment and regulations issued
thereunder, the constitutional powers of the President
and regulations issued thereunder, and the inherent
authority of military commanders. Military law
includes jurisdiction exercised by courts-martial and
the jurisdiction exercised by commanders with respect
to nonjudicial punishment. The purpose of military law
is to promote justice, to assist in maintaining good
order and discipline in the armed forces, to promote
efficiency and effectiveness in the military
establishment, and thereby to strengthen the national
security of the United States.
4. Structure and application of the Manual for
Courts-Martial
The Manual for Courts-Martial shall consist of this
Preamble, the Rules for Courts-Martial, the Military
Rules of Evidence, the Punitive Articles, the
Nonjudicial Punishment Procedures (Parts I-V), and
Appendix 12A. This Manual shall be applied in a
manner consistent with the purpose of military law.
The Department of Defense, in conjunction with the
Department of Homeland Security, publishes
supplementary materials to accompany the Manual for
Courts-Martial. These materials consist of a Preface, a
Table of Contents, Discussions, Appendices (other
than Appendix 12A, which was promulgated by the
President), and an Index. These supplementary
materials do not have the force of law.
The Manual shall be identified by the year in which
it was printed; for example, “Manual for Courts-
Martial, United States (20xx edition).” Any
amendments to the Manual made by Executive Order
shall be identified as “20xx” Amendments to the
Manual for Courts-Martial, United States, “20xx”
being the year the Executive Order was signed.
The Department of Defense Joint Service
Committee (JSC) on Military Justice reviews the
Manual for Courts-Martial and proposes amendments
to the Department of Defense (DoD) for consideration
by the President on an annual basis. In conducting its
annual review, the JSC is guided by DoD Directive
5500.17, “Role and Responsibilities of the Joint
Service Committee (JSC) on Military Justice.” DoD
Directive 5500.17 includes provisions allowing public
participation in the annual review process.
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Discussion
The Department of Defense, in conjunction with the
Department of Homeland Security, has published supplementary
materials to accompany the Manual for Courts-Martial. These
materials consist of a Discussion (accompanying the Preamble, the
Rules for Courts-Martial, the Military Rules of Evidence, and the
Punitive Articles), an Analysis, and various appendices. With the
exception of Appendix 12A (lesser included offenses), which is
issued by the President pursuant to Article 79, these supplementary
materials do not constitute the official views of the Department of
Defense, the Department of Homeland Security, the Department of
Justice, the military departments, the United States Court of Appeals
for the Armed Forces, or any other authority of the Government of
the United States, and they do not constitute rules. Cf., e.g., 5 U.S.C.
§ 551(4). The supplementary materials do not create rights or
responsibilities that are binding on any person, party, or other entity
(including any authority of the Government of the United States
whether or not included in the definition of “agency” in 5 U.S.C. §
551(1)). Failure to comply with matter set forth in the supplementary
materials does not, of itself, constitute error, although these materials
may refer to requirements in the rules set forth in the Executive Order
or established by other legal authorities (for example, binding
judicial precedents applicable to courts-martial) that are based on
sources of authority independent of the supplementary materials. See
Appendix 15 in this Manual.
The 1995 amendment to paragraph 4 of the Preamble
eliminated the practice of identifying the Manual for Courts-Martial,
United States, by a particular year. Historically the Manual had been
published in its entirety sporadically (e.g., 1917, 1921, 1928, 1949,
1951, 1969, and 1984) with amendments to it published piecemeal.
It was therefore logical to identify the Manual by the calendar year
of publication, with periodic amendments identified as “Changes” to
the Manual. Beginning in 1995, however, a new edition of the
Manual was published in its entirety and a new naming convention
was adopted. See Exec. Order No. 12960 of May 12, 1995.
Beginning in 1995, the Manual was to be referred to as “Manual for
Courts-Martial, United States (19xx edition).” In 2013, the Preamble
was amended to identify new Manuals based on their publication
date.
Amendments made to the Manual can be researched in the
relevant Executive Order as referenced in Appendix 19. Although
the Executive Orders were removed from Appendix 19 of the
Manual in 2012 to reduce printing requirements, they can be
accessed online. See Appendix 19.

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